i)
Acceptance must be given only by the person to whom the
offer is made: An offer can be accepted
only by the person or persons to whom it
is made and with whom it imports an
intention to contract. It cannot be
accepted by another person without the
consent of the offer. The rule of law is
if you propose to make a contract with
them B can’t substitute himself for A
without your consent. An offer made to a
particular person can be validly
accepted by him alone.
ii) Acceptance must be absolute and unqualified:
In order to be effective, it must be
absolute and unqualified acceptance of
all the terms of the offer. Even the
slightest deviation from the terms of
the offer makes the acceptance. In
effect a derivate acceptance is regarded
as a counter offer in law. E.g. L
offered to M his scooter for Rs. 4000 M
accepted the offer and tendered Rs. 3900
cash down, promising to pay the balance
of Rs. 100 by the evening. There is no
contract, so the acceptance was not
absolute and unqualified.
iii) It should be in a reasonable mode:
Unless the proposal prescribes the
manner in which it is to be accepted. If
the offeror prescribes no mode of
acceptance the acceptances must be
communicated according to some usual and
reasonable mode. The usual modes of
communication are by spoken or written
or by conduct, it is called an implied
acceptance. E.g. If the offeror
prescribes acceptance by telegram and
the offered sends acceptance through a
messenger, there is no acceptance of the
offer.
iv) Acceptance must be communicated by the acceptor:
for an acceptance to the made it should
to be made by the offer but also be
communicated by, or will the authority
of offered to the offeror.
v) Acceptance must be given within a reasonable time and
before the offer lapses: Acceptance must be given within the specified time
limit , if any and if no time is
stipulated, acceptance must be given
within a reasonable time because an
coffer cannot be kept open indefinitely.
vi) Acceptance must succeed the offer:
Acceptance must be given after receiving
the offer. It should not precede the
offer. In a company share were allotted
to a person who had not applied for them
subsequently he applied for shares
living unaware of the previous
allotment. It was held that the
allotment of shares previous to the
application was invalid.
vii) Rejected offer can be accepted only, if
renewal: offer once rejected can’t be
accepted again unless a fresh offer is
made.
Download pdf file of legal rules of
acceptance